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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Frustration with minute of agreement

  • RZ11
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05 Sep 12 #354047 by RZ11
Topic started by RZ11
My boyfriends wife after 2 years verbally agreed to a settlement the day before the Proof.

The case was sisted on that basis and the court made an order for the Sale of the house. That was 7 weeks ago and since then nothing has happened. She refuses to let estate agents into the house and whilst the minute of agreement has been drafted she won''t sign it. In the meantime he still pays the mortgage and aliment.

Is there anything that can be done to get her to sign it? alternatively can the original writ (1 year with consent defended on financial arrangements) be converted to 2 years without consent? In which case will the court decide finances etc?

  • Fiona
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05 Sep 12 #354085 by Fiona
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No, the "agreement" part of a Separation Agreement is the give away. Your boyfriend can''t force his wife to agree and if she won''t sign the agreement he would need to apply for a court decision. Normally an application would be made under the Ordinary Procedure by writ and all the financial claims and divorce would be included. Does your boyfriend have a solicitor?

If there is evidence from the estate agent that his wife is being obstructive your boyfriend can ask the court to make an order for vacant possession of the property and control of the sale.

  • rubytuesday
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06 Sep 12 #354114 by rubytuesday
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I would have thought that an Order for Vacant Possession could only be sought after the decree is granted - see Adams v Adams [2009].

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06 Sep 12 #354135 by Fiona
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Yes, thats correct and why I said the financial orders would normally
be included in a writ for the divorce so that once the divorce has been granted the order for sale can be enforced. If the house is the only asset it may be possible to proceed with the divorce as there are no other outstanding financial matters. Whether than can proceed or not on the basis of one year''s separation depends upon the wife''s agreement.

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